Louisiana Age Discrimination: What you need to know

The Louisiana Employment Discrimination Law prohibits employers of 20 or more employees from discriminating in employment based on age. The Law applies to persons over the age of 40 (LA Rev. Stat. Sec. 23:312). Under the state law it is unlawful for an employer to:

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• Refuse to hire, discharge, or otherwise discriminate with respect to an individual's compensation or terms and conditions of employment because of the individual's age.

• Limit, segregate, or classify employees by age in any way that would deprive any individual of employment opportunities or otherwise adversely affect employment status.

• Reduce the wage rate of any employee in order to comply with the state law.

• Retaliate or discriminate against a person who has opposed a discriminatory practice, made a charge, filed a complaint, or testified, assisted, or participated in any investigation, proceeding, or hearing under the state law.

• Publish an advertisement for employment indicating a preference, limitation, specification, or discrimination based on age, unless age is a bona fide occupational qualification (BFOQ).

Employers should avoid any reference to age-related statements, such as “young” or "youthful" applicants desired in job advertisements. In addition, application forms should not contain requests for age-related dates, such as high school or college graduation dates. Instead, employers should focus on job-related education or training.

The federal Age Discrimination in Employment Act (ADEA) also applies to employers with 20 or more employees.

Harassment. The 5th Circuit Court of Appeals has ruled that an individual may bring a lawsuit against an employer alleging a hostile work environment based on age discrimination (Dediol ...